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Flying the Flag

Etiquette and protocol for display of the United States and Texas flags.

General Information

About This Guide

Do you want to fly a Texas or a U.S. flag outside your home but don't know how to do it properly? This page provides information about state, federal, and local laws related to flag display that may help. 

Note Information in this guide is for reference purposes only and is not a substitute for legal advice. If you need legal help or have questions about a specific situation, please contact an attorney.

Texas Law

Texas Law

Texas laws related to the state flag may be found in the Texas Government Code Chapter 3100. It provides guidelines for the design, display, and retiring of the flag.

Understanding the Law

The resources below discuss Texas flag-handling guidelines "in plain English."

Federal Law

Federal Law

United States flag laws for civilians can be found in the U.S. Code Title 4, Chapter 1. Also known as the Flag Code, it provides guidelines for the proper design, display, and use of the American flag.

Understanding the Law

The resources below discuss U.S. flag-handling guidelines "in plain English."

Municipal Ordinances

Cities, towns, and villages in Texas often enact their own local laws or ordinances. It is a power granted to them by the state. These laws may regulate the local display of flags in your area. 

Local regulations are usually grouped into a municipal "code of ordinances." Some cities publish their ordinances online, in which case you may find them through a local government website or in a third-party database. Our Municipal Laws & Ordinances page has links to several such databases. If you can't find the local laws online, contact the city clerk's office or a local public library for assistance.

Property Owners' Associations

A property owners' association (also known as a homeowners' association, HOA, or POA) may not prohibit the display of an American or Texas flag. However, you may have to comply with reasonable restrictions that regulate how and where the flag must be displayed. 

Texas Law

Texas property owners' rights related to flag display may be found in the Texas Property Code Section 202.012.

Owners have a statutory right to display three types of flags:

  • A flag of the United States;
  • A flag of the State of Texas; or
  • An official or replica flag of any branch of the U.S. armed forces.

A property owners' association may:

  • Require property owners to comply with Texas flag laws found in Texas Government Code Chapter 3100;
  • Require property owners to comply with federal flag laws found in U.S. Code Title 4, Sections 5-10; and
  • Regulate some aspects of flag display including flag size, flagpole height, and the number of flagpoles allowed on a property.

Federal Law

Residential property owners in the United States have a right to display a U.S. flag on the property.

This right has several limitations:

  • The display or use of the flag must follow all applicable flag laws; and 
  • A property owners' association may restrict the “time, place, or manner of displaying the flag." The restrictions must be reasonable and protect the association’s “substantial interest."

POA Restrictions

Residential restrictions by a property owners' association may be found in the association's governing documents. Most often, they'll be in a document called the "Declaration of Covenants, Conditions, and Restrictions," "Declaration" or "CC&R" for short, or a similar name.

You may ask your association for a copy of the declaration if you cannot find it. See our Property Owners' Associations guide page on Bylaws and Records for information on requesting and accessing POA records.

Resources below provide more information about law related to property owners' associations. 

Understanding the Law